Search Results for "MOFA obligations"

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Search Results for "MOFA obligations"

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High Court

Bombay High Court Dismisses Petition Challenging Deemed Conveyance Order Under MOFA — Competent Authority Can Consider Property Register Card and Area Certificate Beyond Agreement Schedule. Court holds that the Competent Authority under Section 11 of MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can rely on property records and architect's certificate to determine the actual area to be conveyed.

27 Aug 2024

The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order...

High Court

Bombay High Court Hears Cross Suits Involving Dispute Over Conveyance and Development Rights Under MOFA — Interim Injunctions Sought by Both Developer and Federation. Core Issue Concerns Whether Entire Land of a Layout Was to Be Conveyed to Federation, Precluding Developer from Completing Sanctioned Construction on Part of Land.

4 Nov 2025

The dispute concerns a layout development in Mulund (East), Mumbai, where Acme Enterprises (the Developer) claimed development rights over a larger pl...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

15 Apr 2015

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

High Court

Bombay High Court Quashes Deemed Conveyance Under MOFA Due to Fraud and Leasehold Rights | Asian Chemical Industries Case (2026)

11 Feb 2026

The Bombay High Court, in M/s. Asian Chemical Industries v. Vijay Kailas Industrial Premises CHS Ltd. & Ors. (Writ Petition No. 11164 of 2024, dec...

High Court

Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice.

18 Apr 2024

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 2...

High Court

Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

24 Jun 2013

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance and Cooperative Society Registration. Registration of Tenants Coownership Cooperative Housing Society under Section 12(1) of Maharashtra Co-operative Societies Act, 1960 is valid despite prior declaration under Maharashtra Apartment Ownership Act, 1970.

19 Dec 2012

The petitioner, M/s. Rahul Enterprises, a proprietary concern engaged in development and construction, filed a writ petition under Articles 226 and 22...

High Court

Bombay High Court Grants Summary Judgment in Favor of Builder/Promoter in Summary Suit for Recovery of Maintenance Charges Under MOFA Agreement. Defendant's Failure to File Reply to Summons for Judgment Leads to Decree for Claimed Amount with Interest.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries, for recovery of alleged m...

High Court

Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

28 Aug 2019

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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